Evelyn Haney v. HHS - Pneumovax 23, shoulder injury (2024)

Evelyn Haney filed a petition alleging she suffered a shoulder injury from a Pneumovax 23 vaccine received on September 18, 2020. The court noted that only pneumococcal conjugate vaccines, not polysaccharide vaccines like Pneumovax 23, are covered by the National Vaccine Injury Compensation Program.

Ms. Haney's attorney mistakenly identified her injury as a 'Table Injury' compensable under the program.

The court issued an Order to Show Cause because the vaccine received was not on the Vaccine Injury Table. Ms.

Haney responded, acknowledging the error and stating she was alleging a non-Table injury. However, the court clarified that a claim based on a vaccine not listed on the Vaccine Injury Table cannot receive compensation, regardless of how the injury is pleaded.

Since Ms. Haney received a pneumococcal polysaccharide vaccine, her claim was not covered by the Vaccine Program.

Therefore, the case was dismissed for lack of jurisdiction.